Don’t blindly accept unlimited liability for breach of nondisclosure terms
This week’s musings on tech contracts … In software contracts, the limit of liability (LoL) almost always comes with exceptions. One of the most common has to do with confidentiality. Liability for breach of the nondisclosure clause has no limit. Why? Most LoLs exclude nondisclosure breaches from the LoL … because that’s what we did […]
Consequential Damages in IT Contracts (CrowdStrike vs Delta Air Lines)
The very public argument between CrowdStrike and Delta Air Lines offers a window into a topic few understand: the exclusion of consequential damages in typical IT contracts. David Tollen, our founder, explains in this short video. If you’d like to learn more, our Tech Contracts Master Class™ covers consequential damages in detail (course 3, Liability […]
Your limit of liability might not work on your indemnity
The parties to IT contracts generally agree that the limit of liability (LoL) won’t apply to indemnities. After all, if one party takes responsibility for a third party lawsuit against the other – a tech contract’s typical third party indemnity – why would that responsibility suddenly end? If the vendor indemnifies against IP claims, for […]